Thursday, April 27, 2006
Property Rights Victory in PA
After the U.S. Supreme Court ruled in the Kelo case that local governments can seize private property to increase tax revenues or to benefit other private interests without violating the U.S. Constitution, a number of States prepared legislation to protect the property rights of citizens. This week, the PA Legislature passed the “Property Rights Protection Act” (SB 881) and its companion bill, HB 2054, to preserve property owners from eminent domain abuse. These bills restrict the taking of private property for private commercial uses, tighten the definition of “blight” which is used to condemn private property, and increase reimbursements to property owners when eminent domain is exercised against them.
Gov. Rendell has not committed to signing them, stating that he wants to assure that municipality needs are balanced against citizen rights. However, since the bills passed both houses unanimously, they should be veto-proof and the Governor will most likely sign them into law.
This is a major gain for property owners' civil rights in our State. There was considerable grassroots pressure for these bills and the Legislature acted well, passing the best of several bill versions. The practice of defining "blight" will need monitoring to assure compliance with legislative intent, but this is still a great improvement.
Gov. Rendell has not committed to signing them, stating that he wants to assure that municipality needs are balanced against citizen rights. However, since the bills passed both houses unanimously, they should be veto-proof and the Governor will most likely sign them into law.
This is a major gain for property owners' civil rights in our State. There was considerable grassroots pressure for these bills and the Legislature acted well, passing the best of several bill versions. The practice of defining "blight" will need monitoring to assure compliance with legislative intent, but this is still a great improvement.
